Code Enforcement

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This website provides information on renting for residency in Lexington, Kentucky. Renting laws change from city to city, and from state to state. You should NOT assume any of the information provided in this website applies to an area outside of Lexington.

>Renting Laws >Code Enforcement

CODE ENFORCEMENT

What Is Code Enforcement?

How to Get a Code Inspection

What Is Code Enforcement?

In Lexington, “Building Codes” or “Housing Codes” are laws, ordinances, or governmental regulations that are concerned with fitness for habitation, construction, maintenance, operation, occupancy, use, and/or appearance of any property or living space in the city of Lexington. More specifically, the Lexington-Fayette Urban County Government has adopted the Building Officials and Code Administrators (BOCA) Property Maintenance Code. BOCA contains detailed property maintenance requirements. This Code is enforced by the Division of Code Enforcement.

One of the services that Code Enforcement provides is to inspect any property in Lexington and guarantee that all Building and Housing Codes are being met (by both the tenant and landlord).

According to the Landlord Tenant Act of Lexington, both tenant and landlord must comply with the obligations given to tenants and landlords in Building and Housing Codes. You should be aware of the Codes that you and your landlord are supposed to follow to keep the apartment safe and healthy (see Landlord Duties and Tenant Duties for the codes).

Code Inspection

What Does A Code Inspector Do?

A Code Inspector is a government official who can inspect any property in Lexington and check to see that Building and Housing Codes are being followed. As the definition above shows, Building and Housing Codes deal with maintenance issues, health and safety issues, and other problems. Tenants usually call for a Code Inspection because their landlords are not complying with laws and Codes. The most common form of Landlord Noncompliance is ignoring Repairs. All Code Inspections are FREE.

What Happens When I Call A Code Inspector?

If you call the Division of Code Enforcement and ask for an Inspection, then the following things will happen:

1. The city will send a Code Inspector to your apartment. The Inspector will probably ask your landlord or someone that works for your landlord to accompany him/her.

2. The Code Inspector will look around the inside and outside of your apartment and note any Building or Housing Code Violations that s/he notices. Some Inspectors will be very harsh while other Inspectors will overlook obvious violations (it all depends on the Inspector).

3. Accompany the Inspector and observe how harsh/soft s/he is about noting violations. This may be important later if you need to defend any of your own actions against your landlord in court. RECORD the Inspector’s name and any observations you made. Include the DATE.

4. The Inspector will send your landlord a copy of his/her written report, including a list of Code Violations and a time period in which to correct each violation, by registered mail. If you want a copy of the inspection report, you may call the Division of Code Enforcement and request it. Different violations will require different periods of time for correction. Emergency problems usually need to be corrected in one or two days while the average violation generally allows for 30 days. The time period starts when the landlord receives the letter.

5. Once the correction period has passed, the Code Inspector will contact your landlord and make attempts to get the problem corrected without legal proceedings. If the violation has not been corrected, the landlord may be given an extension.*

6. If the landlord still does not correct violated codes and continues to neglect the problem, the Division of Code Enforcement is responsible for taking court action against the landlord.*

7. The only time a tenant can fix a problem by himself/herself (and charge the landlord for the cost) is if there is a Health or Safety Violation.

8. Keep in mind that if the Inspector notices that YOU have also violated a requirement of the code while he/she is inspecting, the Inspector will send you a written notice of your violation (see Tenant Duties for a list of tenant code violations). The Inspector will follow the same steps (5-7 above) as s/he would if dealing with a landlord. If you do not correct the problem, THE DIVISION OF CODE ENFORCEMENT IS RESPONSIBLE FOR TAKING COURT ACTION AGAINST YOU.

* Steps 5 and 6 above are usually where the official Code Inspection process gets messed up. The Code Inspector is supposed to follow-up on all violations and make sure that they have been corrected. Unfortunately most Inspectors are overworked, and for various reasons they do not efficiently follow-up after every inspection. Inspectors will often only pursue a landlord in a severe situation (e.g. the property is severely damaged), but s/he will also pursue a landlord if the tenant is insistent on getting the problem fixed. For this reason, it is important that you request a copy of the Code Inspector’s report from the Division of Code Enforcement. Pay attention to the time period given to correct problems. If the landlord has not corrected the violations within those time periods, call the Code Inspectors office and inform the Inspector of the landlord’s neglect. Keep the Inspector informed on everything that happens during the landlord’s noncompliance.

When Should I Call A Code Inspector?

If your landlord is not making repairs, not complying with health/safety concerns, or ignoring important codes (see Landlord Duties), then you may need to call a Code Inspector to put pressure on the landlord to comply. When you call an Inspector, you are asking the city government to get involved in your landlord problems. So, before calling a Code Inspector think reasonably about the severity of the situation and consider the following:

It is important that you use Code Inspection with caution! It is unreasonable to expect a landlord to follow every code in the book. CALLING A CODE INSPECTOR ON YOUR LANDLORD IS AN EXTREME ACTION! YOU WILL BE BRINGING THE CITY GOVERNMENT INTO THE SITUATION. YOU SHOULD ONLY USE THIS OPTION AS A LAST RESORT!!
If your landlord is not making necessary repairs, follow the steps listed in Maintenance Neglect BEFORE thinking of calling a Code Inspector.
If you feel that you need to call a Code Inspector, then you should call Tenant Services first and ask for advice. They can help you figure out how severe your situation is.
Almost anything can count as a Building or Housing Code violation; codes are incredibly specific. For example, one Enforcement Reference states, “Repair the wall plaster or drywall to eliminate holes, cracks, or other minor surface damage.” If you live in an old apartment, it would seem unreasonable to expect your landlord to fix every crack in the wall. However, there are also some very important Codes that your landlord does need to follow. (If you would like to see a list of all of the code violations possible under BOCA, you can contact the Division of Code Enforcement for a copy.)
Landlords often try to take advantage of uninformed tenants. Let your landlord know that you know your rights, and act responsibly. In most cases, the landlord has the upper hand and a tenant ends up feeling powerless against him/her. Code Inspection is an invaluable resource for tenants who are confronted with a negligent landlord.
Keep in mind that there are parts of Lexington that are in really bad condition. Code Inspectors are often over-worked. If you call a Code Inspector to look at a few minor problems in your apartment, then you might be taking away that Inspector’s time and energy to inspect an apartment that is in severely bad condition. This does NOT mean that you should never call an inspector, but use good judgment and be considerate of this service.